Facts and Decision of the Protest Committee
The “Race Instructions for Auxiliary Boats” did not contain any specific eligibility requirements for the Twilight Series, an event for offshore boats, but did require that each boat have a valid PHRF rating certificate and that all boats meet the safety standards of the ISAF Offshore Special Regulations for a Category 4 race. The race committee rejected the entry of Hevn, a modified Etchells 22, stating: “Since our course designations include areas in the Atlantic Ocean and the Race Committee doesn’t feel your craft is an offshore vessel, the Race Committee is rejecting your entry into this series.” Hevn requested redress, claiming that the action was discriminatory and that she held a valid PHRF rating and met the requirements of the ISAF Offshore Special Regulations for a Category 4 race. Neither of these claims was disputed, but the protest committee upheld the decision of the race committee and denied Hevn's request for redress.
Hevn appealed, stating that the action was unjust and discriminatory, that she met the requirements of the sailing instructions, and that similar boats had been accepted in other offshore events. She also contended that rule
76.1 requires a “legitimate” reason for rejecting an entry.
Decision of the Appeals Committee
This event was for offshore boats. The race committee concluded that
Hevn was not an offshore boat in the generally accepted meaning of the term, and therefore was not suitable for the event. In the absence of specific eligibility requirements in the sailing instructions, the committee used rule
76.1 to reject
Hevn’s entry. In doing so it stated the reason, thereby complying with the rule.
The appellant’s belief that the rule requires a “legitimate” reason is incorrect. Rule
76.1 does not state or imply any qualitative tests for the acceptability of the reason other than that the reason cannot be arbitrary or capricious or based on race, color, religion, gender, age or national origin (see the prescription to rule
76.1). A race committee has broad authority to make such judgments as it considers necessary to ensure that a race or regatta is conducted so as to follow the intentions of the organizing authority, as well as the rules governing the event.
Hevn’s appeal is denied. The decision of the protest committee is upheld, and Hevn’s entry remains rejected.
September 1986